A legal memorandum with citations to statutory and case law, on the question of whether petitioner/respondent is entitled to an award of maintenance.
Minnesota Memorandum of Law regarding Award of Maintenance
Category:
State:
Minnesota
Control #:
MN-8550D
Format:
Word;
Rich Text
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FAQ
Spousal maintenance is often awarded to a spouse who has been left with the care of children under 18, who does not have the earning capacity owing to caring for children under 18, where there are few assets of the marriage available for division between the parties and if one party has significantly greater income
A judge will assess if one spouse has a demonstrated financial need and if the other spouse has the ability to pay alimony. Alimony is generally awarded in cases where the spouses have very unequal earning power and have been married a long time.
In order to be awarded alimony, you must show that your spouse earns significantly more income than you, or that you stayed out of the workforce to take care of the home or children. If you earn more than your husband or your incomes are nearly equal, a judge won't see any reason to provide you with alimony.
Spousal maintenance is often awarded to a spouse who has been left with the care of children under 18, who does not have the earning capacity owing to caring for children under 18, where there are few assets of the marriage available for division between the parties and if one party has significantly greater income
The duration of payments is determined by a judge in Minnesota family court. Alimony length is usually based on length of marriage - one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).
The purpose of alimony is to limit any unfair economic effects of a divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse.
Spousal maintenance is paid for the benefit of the recipient spouse and is determined with reference to the recipient's income, needs and earning capacity as well as the paying party's ability to pay.
However, Minnesota law only permits the court to award spousal maintenance if the requesting spouse: lacks sufficient property, including marital property divided in the divorce, to provide for reasonable needs of the spouse to meet the marital standard of living, or.
There is No Formula for Calculating Minnesota Spousal Maintenance. Unlike child support, which is calculated according to guidelines based on parents' incomes and other factors, there is no formula for calculating spousal maintenance.